62 d Congress \ 
1st Session j 


SENATE 


J Document 
l No. 94 


M.S, tla, 


CF-ft) 


ARBITRATION WITH FRANCE 


MESSAGE 

FROM THE 

PRESIDENT OF THE UNITED STATES 

TRANSMITTING 

AN AUTHENTICATED COPY OF A TREATY SIGNED BY THE 
PLENIPOTENTIARIES OF THE UNITED STATES AND FRANCE 
ON AUGUST 3, 1911, EXTENDING THE SCOPE AND OBLIGA¬ 
TION OF THE POLICY OF ARBITRATION ADOPTED IN THE 
PRESENT ARBITRATION TREATY OF FEBRUARY 10, 1908, 
BETWEEN THE TWO COUNTRIES, SO AS TO EXCLUDE CER¬ 
TAIN EXCEPTIONS CONTAINED IN THAT TREATY AND TO 
PROVIDE MEANS FOR THE PEACEFUL SOLUTION OF ALL 
QUESTIONS OF DIFFERENCE WHICH IT SHALL BE FOUND 
IMPOSSIBLE IN FUTURE TO SETTLE BY DIPLOMACY :: :: 


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August 12, 1911.—On motion by Mr. Lodge, ordered to be printed with amend¬ 
ments reported from the Committee on Foreign Relations. 


WASHINGTON 

1911 








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62d Congress, j 

CONFIDENTIAL. 

( Executive 

1 st Session, j 

• 

i i. 


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ARBITRATION WITH FRANCE. 


MESSAGE 


FROM THE 

PRESIDENT OF THE UNITED STATES, 

TRANSMITTING 

AN AUTHENTICATED COPY OF A TREATY SIGNED BY THE PLENI¬ 
POTENTIARIES OF THE UNITED STATES AND FRANCE ON 
AUGUST 3, 1911, EXTENDING THE SCOPE AND OBLIGATION OF 
THE POLICY OF ARBITRATION ADOPTED IN THE PRESENT 
ARBITRATION TREATY OF FEBRUARY 10, 1908, BETWEEN THE 
TWO COUNTRIES, SO AS TO EXCLUDE CERTAIN EXCEPTIONS 
CONTAINED IN THAT TREATY AND TO PROVIDE MEANS FOR 
THE PEACEFUL SOLUTION OF ALL QUESTIONS OF DIFFERENCE 
WHICH IT SHALL BE FOUND IMPOSSIBLE IN FUTURE TO 
SETTLE BY DIPLOMACY. 


August 5, 1911.—Read; convention read the first time and referred to the Committee 
on Foreign Relations, and, together with the message and accompanying papers, 
ordered to be printed in confidence for the use of the Senate. 

August 5, 1911.—Injunction of secrecy removed. 

August 12, 1911.—Reported by Mr. Cullom, with amendments. 

Injunction of secrecy removed from proposed amendments. 
(Strike out the parts in brackets and insert those in italics.) 


To the Senate: 

With a view to receiving the advice and consent of the Senate to 
the ratification of the treaty, I transmit herewith an authenticated 
copy of a treaty signed by the plenipotentiaries of the United States 
and France on August 3, 1911, extending the scope and obligation 
of the policy of arbitration adopted in the present arbitration treaty 
of February 10, 1908, between the two countries, so as to exclude 
certain exceptions contained in that treaty and to provide means for 
the peaceful solution of all questions of difference which it shall be 
found impossible in future to settle by diplomacy. 

Wm. H. Taft. 

The White House, 

Washington, August 4, 1911. 

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ARBITRATION WITH FRANCE. 

General Arbitration Treaty Between the IJnited States 
of America and the French Republic. 

The United States of America and the French Republic being 
equally desirous of perpetuating the firm, inviolable and uni¬ 
versal peace, which has happily existed between the two nations 
from the earliest days of American independence, and which 
has been confirmed and strengthened by their close relations of 
friendship and commerce, and there being no important ques¬ 
tion of difference now outstanding between them, and both 
nations being resolved that no future difference shall be a cause 
of hostilities between them or interrupt their good relations; 

The High Contracting Parties have, therefore, determined, in 
furtherance of this end, to conclude a treaty extending the 
scope and obligations of the polic} 7 of arbitration adopted in 
their present arbitration treaty of February 10, 1908, so as to 
exclude certain exceptions contained in that Treaty and to 
provide means for the peaceful solution of all questions of differ¬ 
ence which it shall be found impossible in future to settle by 
diplomacy. 

And for that purpose they have appointed as their respective 
Plenipotentiaries: 

The President of the United States of America, the Honorable 
Philander C. Knox, Secretary of State of the United States; 
and 

The President of the French Republic, His Excellency J. J. 
Jusserand, Ambassador of the French Republic at Wash¬ 
ington ; 

Who, duly authorized, have agreed upon the following Articles: 

Article I. 

All differences hereafter arising between the High Contracting 
Parties, which it has not been possible to adjust by diplomacy, 
relating to international matters in which the High Contracting 
Parties are concerned by virtue of a claim of right made by one 
against the other under treaty or otherwise, and which are jus¬ 
ticiable in their nature by reason of being susceptible of decision 
by the application of the principles of law or equity, shall be 
submitted to the Permanent Court of Arbitration established at 
The Hague by the Convention of October 18,1907, or to some other 
arbitral tribunal, as shall [may] be decided in each case by special 


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ARBITRATION WITH FRANCE. 


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agreement, which special agreement shall provide for the organi¬ 
zation of such tribunal if necessary, define the scope of the powers 
of the arbitrators, the question or questions at issue, and settle 
the terms of reference and the procedure thereunder. 

The provisions of Articles 37 to 90, inclusive, of the Conven¬ 
tion for the Pacific Settlement of International Disputes con¬ 
cluded at the Second Peace Conference at The Hague on the 18th 
October, 1907, so far as applicable, and unless they are incon¬ 
sistent with or modified by the provisions of the special agree¬ 
ment to be concluded in each case, and excepting Articles 53 and 
54 of such Convention, shall govern the arbitration proceedings 
to be taken under this Treaty. 

The special agreement in each case shall be made on the part 
of the United States by the President of the United States, by 
and with the advice and consent of the Senate thereof, and on 
the part of France subject to the procedure required by the con¬ 
stitutional laws of France. 

Such agreements shall be binding when confirmed by the two 
Governments by an exchange of notes. 

Article II. 

The High Contracting Parties further agree to institute as 
occasion arises, and as hereinafter provided, a Joint High Com¬ 
mission of Inquiry to which, upon the request of either Party, 
shall be referred for impartial and conscientious investigation 
any controversy between the Parties within the scope of Article I, 
before such controversy has been submitted to arbitration, and 
also any other controversy' hereafter arising between them even 
if they are not agreed that it falls within the scope of Article I; 
provided, however, that such reference may be postponed until 
the expiration of one year after the date of the formal request 
therefor, in order to afford an opportunity for diplomatic dis¬ 
cussion and adjustment of the questions in controversy, if either 
Party desires such postponement. 

Whenever a question or matter of difference is referred to the 
Joint High Commission of Inquiry, as herein provided, each of 
the High Contracting Parties shall designate three of its nationals 
to act as members of the Commission of Inquiry for the purposes 
of such reference; or the Commission may be otherwise consti¬ 
tuted in any particular case by the terms of reference, tli3 mem- 


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ARBITRATION WITH FRANCE. 

bership of the Commission and the terms of reference to be 
determined in each case by an exchange of notes. 

The provisions of Articles 9 to 36, inclusive, of the Convention 
for the Pacific Settlement of International Disputes concluded at 
The Hague on the 18tli October, 1907, so far as applicable and 
unless they are inconsistent with the provisions of this Treaty, 
or are modified by the terms of reference agreed upon in any 
particular case, shall govern the organization and procedure of 
the Commission. 

Article III. 

The Joint High Commission of Inquiry, instituted in each 
case as provided for in Article II, is authorized to examine into 
and report upon the particular questions or matters referred to 
it, for the purpose of facilitating the solution of disputes by 
elucidating the facts, and to define the issues presented by such 
questions, and also to include in its report such recommendations 
and conclusions as may be appropriate. 

The reports of the Commission shall not be regarded as 
decisions of the questions or matters so submitted either on the 
facts or on the law, and shall in no way have the character of an 
arbitral award. 

[It is further agreed, however, that in cases in which the 
Parties disagree as to whether or not a difference is subject to 
arbitration under Article I of this Treaty, that question shall be 
submitted to the Joint High Commission of Inquiry; and if all 
or all but one of the members of the Commission agree and 
report that such difference is within the scope of Article I, it 
shall be referred to arbitration in accordance with the provisions 
of this Treaty.^ 

Article IY. 

The Commission shall have power to administer oaths to wit¬ 
nesses and take evidence on oath whenever deemed necessarvin 
any proceeding, or inquiry, or matter within its jurisdiction under 
this Treaty; and the High Contracting Parties agree to adopt 
such legislation as may be appropriate and necessary to give 
the Commission the powers above mentioned, and to provide 
for the issue of subpoenas and for compelling the attendance 
of witnesses in the proceedings before the Commission. 


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ARBITRATION WITH FRANCE. 


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On the inquiry both sides must be heard, and each Party is 
entitled to appoint an Agent, whose duty it shall be to repre¬ 
sent his Government before the Commission and to present to 
the Commission, either personally or through counsel retained 
for that purpose, such evidence and arguments as he may deem 
necessary and appropriate for the information of the Commis¬ 
sion. 

Article Y. 

The Commission shall meet whenever called upon to make an 
examination and report under the terms of this Treaty, and the 
Commission may fix such times and places for its meetings as 
may be necessary, subject at all times to special call or direction 
of the two Governments. Each Commissioner, upon the first 
joint meeting of the Commission after his appointment, shall, 
before proceeding with the work of the Commission, make and 
subscribe a solemn declaration in writing that he will faithfully 
and impartially perform the duties imposed upon him under this 
Treaty, and such declaration shall be entered on the records of 
the proceedings of the Commission. 

The United States and French sections of the Commission 
may each appoint a secretary, and these shall act as joint secre¬ 
taries of the Commission at its joint sessions, and the Commission 
may employ experts and clerical assistants from time to time 
as it may deem advisable. The salaries and personal expenses 
of the Commission and of the agents and counsel and of the sec¬ 
retaries shall be paid by their respective Governments, and all 
reasonable and necessary joint expenses of the Commission 
incurred by it shall be paid in equal moieties by the High Con¬ 
tracting' Parties. 

Article YI. 

This Treaty shall supersede the Arbitration Treaty concluded 
between the High Contracting Parties on February 10, 1908. 

Article YII. 

The present Treaty shall be ratified by the President of the 
United States of America, by and with the advice and consent 
of the Senate thereof, and by the President of the French 
Republic, in accordance with the constitutional laws of France. 
The ratifications shall be exchanged at Washington as soon 
as possible and the Treaty shall take effect on the date of the- 


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ARBITRATION WITH FRANCE. 


1 exchange of its ratifications. It shall thereafter remain in 

2 force continuously unless and until terminated by twelve 

3 months’ written notice given by either High Contracting Party 

4 to the other. 

5 In faith whereof the respective Plenipotentiaries have signed 

6 this Treaty in duplicate in the English and French languages 

7 and have hereunto affixed their seals. 

8 Done at Washington and Paris this third day of August, 

9 one thousand nine hundred and eleven. 

[seal.] Philander C. Knox, 

[seal.] Jusserand. 

I certify that the foregoing is a true copy of the treaty this day 
signed. 


August 3, 1911. 


Philander C. Knox, 

Secretary of State. 


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LIBRARY OF CONGRESS 



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